SUO MOTU Vs. A N PATEL

JUDGEMENT

(1.) In Special Civil Application No. 7111 of 1995, the Court issued notice to respondent Nos. 1, 2 and 3, named hereunder which was made returnable on 17th October 1995.

(2.) Learned Advocate for the petitioners took direct service. Clerk of the learned Advocate has filed affidavits stating that the respondent Nos. 1, 2 and 3 are served. On 17-10-1995, learned A.G.P. Mr. Desai. presumably under the bona fide belief that as per the affidavit respondents are served in accordance with law, requested the Court to grant some time so that he can have instructions in the matter. On 20-10-1995, learned Advocate for the petitioners made a statement that the respondent Nos. 1 and 2 are served. None appeared on behalf of the respondents. In view of that statement, a Division Bench of this Court, (to which one of us was a member), thought it fit to direct the parties to maintain status quo. Learned A.G.P. requested for time upto 13-11-1995 and time was granted. As no instructions were received in the matter by learned A.G.P., he requested that time may be granted and while passing the order, we gave the following direction :

(3.) Office of the Special Land Acquisition Officer, Respondent No. 2, is situated at Fadia Chambers. First Floor, Ashram Road, Ahmedabad and not at the place shown in the title. So far as respondent No. 2 is concerned, from the papers it appears that the process is served on Gujarat Small Industries Corporation Limited, Bhagwati Chambers, Opp. Gujarat Vidyapith, Ashram Road, Ahmedabad. This is clear from the endorsement on the process of this Court which is returned to the Court. A. N. Patel, Clerk of the Advocate has filed an affidavit as under :